Allowed

Ratheesh v. State of Kerala

Kerala HC16 Feb 2018Crl.MC/809/2018

Case brief

AI extract

What is this about?

The Court quashed parts of a criminal prosecution against the petitioner for offences under Section 279 IPC and related Motor Vehicles Act provisions, holding that allegations did not suffice for those charges, while noting the existence of an offence under Section 179(1) of the Motor Vehicles Act.

What did the court decide?

Crl.M.C. No.809 of 2018 was allowed in part; final report amounting to offences under Section 279 IPC, Section 117(e) of the Kerala Police Act, and Section 132(1) of the Motor Vehicles Act was quashed

Ratheesh Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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FRIDAY, THE 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939

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Crl.MC.No. 809 of 2018

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CC 1546/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR. CRIME NO. 950/2014 OF TOWN EAST POLICE STATION, TRISSUR.

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PETITIONER

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RATHEESH, AGED 36 YEARS, S/O RAJAN, KONOTTIL HOUSE, AVITTATHUR DESOM, KADUPPASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

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BY ADVS.SRI.K.B.GANGESH SMT.ATHIRA A.MENON.

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RESPONDENT/STATE

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031, (THROUGH S.I. OF POLICE, THRISSUR EAST POLICE STATION).

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BY PUBLIC PROSECUTOR SRII. ALEX. M. THOMBRA.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Hr.....

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Crl.MC.No. 809 of 2018

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE-A1: TRUE COPY OF FIR IN CRIME NO.950/2014 OF THRISSUR EAST POLICE STATION.

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ANNEXURE-A2: CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.950/2014 OF THRISSUR EAST POLICE STATION.

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ANNEXURE-A3: TRUE COPY OF THE JUDGMENT IN CRL.MC NO.2424/2015 DATED 11.06.2016.

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RESPONDENT(S)' EXHIBITS

NIL

// TRUE COPY//

P.S TO JUDGE.

Hr.....

B. KEMAL PASHA, J.

Crl.M.C.No.809 of 2018

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Dated this the 16^th day of February, 2018

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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Petitioner is the 1^st accused in C.C.No.1546/2014 of the Judicial First Class Magistrate's Court-I, Thrissur for the offences under Section 279 IPC, Section 117(e) of the Kerala Police Act, 2011, and Sections 132(1) and 179 of the Motor Vehicles Act read with Section 34 IPC. The 1^st accused was allegedly seen negligently driving a car through a public road and the police officer gave a signal to stop the car. It is alleged that disregarding the signal, he drove away and the police officer could obstruct and stop the vehicle at a distant place.

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When there is no allegation against the petitioner

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Crl.M.C.No.809 of 2018

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: 2 :

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that he prevented the arrest himself, the offence alleged under Section 117(e) of the Kerala Police Act, 2011 cannot be attracted. Further, in order to invite the offence under Section 132(1) of the Motor Vehicles Act also, there are no materials in the case. Regarding the offence under Section 279 IPC also, there are no allegations to invite the said offence. At the same time, the allegations do constitute an offence under Section 179(1) of the Motor Vehicles Act.

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In the result, this Crl.M.C. is allowed in part, and the offences under Section 279 IPC, 117(e) of the Kerala Police Act, 2011 and Section 132(1) of the Motor Vehicles Act incorporated in Annexure-A2 final report as against the petitioner are hereby quashed. Therefore, all further proceedings against the petitioner in C.C.No.1546/2014 of the Judicial First Class Magistrate's Court-I, Thrissur for the offences under Section 279 IPC, Section 117(e) of the Kerala Police Act and Section 132(1) of the Motor Vehicles Act are hereby quashed.

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Sd/B.KEMAL PASHA, JUDGE

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Ratheesh v. State of Kerala

Case brief

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Ratheesh v. State of Kerala

Case brief

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